federal_register: 02-1
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| document_number | title | type | abstract | publication_date | pub_year | pub_month | html_url | pdf_url | agency_names | agency_ids | excerpts |
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| 02-1 | Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants) | Proposed Rule | This document proposes substantive changes and amendments to the governmentwide nonprocurement common rule for debarment and suspension and the governmentwide rule implementing the Drug-Free Workplace Act of 1988. The most significant changes are-- First, this proposed common rule on debarment and suspension would limit the mandatory lower tier application of an exclusion to the first procurement level under a nonprocurement covered transaction. If an agency decides that its nonprocurement activities are sufficiently vulnerable to misconduct, poor performance or abuse at levels below the first procurement, the agency may add agency-specific language to the proposed common rule to prohibit lower-tier procurement transactions with excluded persons. Agencies that do not have sufficient vulnerability at lower levels to justify the devotion of resources to enforce exclusions at lower levels need not add language to the common rule. Second, this proposed common rule on debarment and suspension would set the dollar threshold on prohibited lower-tier procurement transactions with excluded persons at $25,000. This should help clarify an ambiguity in the current common rule created when Congress, in enacting the Federal Acquisition Streamlining Act of 1994, elected to change the terminology in the direct Federal acquisition law from "small purchase threshold" to "simplified acquisition threshold" and increased the level from $25,000 to $100,000. The ambiguity was created because the current common rule is linked to the small purchase threshold fixed at 10 U.S.C. 2304(g) and 41 U.S.C. 253(g), but states the current level to be $25,000. Third, both this proposed rule on debarment and suspension and the proposed rule on drug-free workplace requirements would eliminate the mandate for agencies and participants to obtain written certifications from awardees or persons with whom they propose to enter into covered transactions. The proposed rules will allow agencies and participants the flexibility to use other means if they so choose, such as award conditions or electronic access to the GSA List on the internet, to enforce compliance with the rules. Fourth, the proposed rule on drug-free workplace requirements would be separated from this proposed rule on debarment and suspension. The drug-free workplace requirements currently are in subpart F of the Debarment and Suspension Nonprocurement Common Rule. Moving those requirements to a separate part will allow them to appear in a more appropriate location nearer other requirements used predominately by award officials. Finally, this document is prepared in plain language text and format to make it easier to read and use. Under the provisions of section 7(o) of the Department of Housing and Urban Development Act (42 U.S.C. 2535(o)), any Department of Housing and Urban Development (HUD) proposed or interim rule that is issued for public comment is subjec to pre-publication Congressional review for a period of 15 days. Therefore, HUD is not joining in today's publication but will propose the common amendments in a separate rulemaking. | 2002-01-23 | 2002 | 1 | https://www.federalregister.gov/documents/2002/01/23/02-1/governmentwide-debarment-and-suspension-nonprocurement-and-governmentwide-requirements-for-drug-free | https://www.govinfo.gov/content/pkg/FR-2002-01-23/pdf/02-1.pdf | Personnel Management Office; Agriculture Department; Energy Department; Small Business Administration; National Aeronautics and Space Administration; Commerce Department; Social Security Administration; Office of National Drug Control Policy; State Department; Agency for International Development; Peace Corps; Inter-American Foundation; United States African Development Foundation; Labor Department; Federal Mediation and Conciliation Service; Defense Department; Education Department; National Archives and Records Administration; Veterans Affairs Department; Environmental Protection Agency; General Services Administration; Interior Department; Federal Emergency Management Agency; Health and Human Services Department; National Science Foundation; National Foundation on the Arts and the Humanities; National Endowment for the Arts; National Endowment for the Humanities; Institute of Museum and Library Services; Corporation for National and Community Service; Transportation Department | 406,12,136,468,301,54,470,390,476,6,403,250,4,271,179,103,126,304,520,145,210,253,166,221,366,342,588,589,591,91,492 | This document proposes substantive changes and amendments to the governmentwide nonprocurement common rule for debarment and suspension and the governmentwide rule implementing the Drug-Free Workplace Act of 1988. The most significant changes are--... |